3613. HABEAS CORPUS, Suspension.—[continued].
I sincerely rejoice at the acceptance of our new Constitution by nine
States. It is a good canvas, on which some
strokes only want retouching. What these
are, I think, are sufficiently manifested by the
general voice from north to south, which
calls for a bill of rights. It seems pretty generally
understood that this should go to
* * * habeas corpus. * * * Why suspend
the habeas corpus in insurrections and
rebellions? The parties who may be arrested
may be charged instantly with a well defined
crime; of course, the judge will remand
them. If the public safety requires
that the Government should have a man imprisoned
on less probable testimony in those
than in other emergencies, let him be taken
and tried, retaken and retried, while the
necessity continues, only giving him redress
against the Government for damages.—
To James Madison. Washington ed. ii, 445.
Ford ed., v, 45.
(P.
1788)
